directly or indirectly from, attributable to, by reason of,
and shall not be merged upon the execution of any other
arising out of, or in any way related to the transportation,
documentation by the parties.
operation, maintenance, repair, use, misuse, or nonuse of
6.9
This Agreement shall enure to the benefit of and be
the Equipment by the Renter or any other person during
binding upon the parties hereto, their respective executors,
the Term, whether or not the Renter has permitted the
administrators, successors and permitted assigns.
person to use the Equipment, or from any breach of this
Agreement or any other negligent act or omission or
willful misconduct of the Renter or any of its directors,
officers, servants, agents, contractors, or employees.
6.
General
6.1
The headings to the articles and sections of this
Agreement are solely for the convenience of the parties and
are not an aid in the interpretation of the Agreement.
6.2
No consent or waiver, express or implied, by the
Owner to or of any breach or default by the Renter in the
performance by the Renter of its obligations hereunder
shall be deemed or construed to be a consent or waiver to
or of any other breach or default in the performance of
obligations hereunder by the Renter. Failure on the part of
the Owner to complain of any act or failure to act of the
Renter, or to declare the Renter in default, irrespective of
how long such failure continues, shall not constitute a
waiver by the Owner of its rights hereunder.
6.3
If any term, covenant or condition of this
Agreement or the application thereof to any party or
circumstance is invalid or unenforceable to any extent, the
remainder of this Agreement or application of such term,
covenant or condition to a party or circumstance other than
those to which it is held invalid or unenforceable shall not
be affected thereby and each remaining term, covenant or
condition of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law.
6.4
This Agreement shall be governed by and
construed according to the laws of the Province of Alberta.
All legal proceedings arising from this Agreement shall be
tried and directed by the court of competent jurisdiction in
Alberta.
6.5
Time is of the essence of this Agreement and each
of its provisions.
6.6
The terms and conditions set forth within this
Agreement, together with the Schedules, shall constitute all
of the terms and conditions of this Agreement, and there are
not other terms, conditions, covenants, agreements,
representations or warranties, either express or implied,
arising between the parties hereto except as expressly set
forth herein.
6.7
The Renter shall at all times and in all respects
abide by all laws, bylaws, legislative and regulatory
requirements of any governmental or other competent
authority relating to the use or misuse of the Equipment.
6.8
The Renter's obligations contained in this
Agreement shall survive the expiration or termination of this
Agreement for any reason whatsoever until satisfied in full,
Equipment Rental Agreement
August 2013
________Renter's Initials